Triple talaq unconstitutional, violates rights of Muslim women: Allahabad HC

December 8, 2016

New Delhi, Dec 8: The Allahabad High Court on Thursday said that the practice of triple talaq among Muslims is unconstitutional and it violates the rights of women. The high court said that no personal law board is above the Constitution. It said, “Triple talaq is unconstitutional, it violates the rights of Muslim women. No personal law board is above the Constitution.”

Triple
Several political parties reacted to the High Court's say, with both the BJP and the Congress hailing the court's observation. Muslim Law board, AIMPLB, said that its legal committee will study the verdict and observation after which it will file its appeal against the said verdict. Appreciating the court's say, social activist Zakiya Soman said, “I welcome the verdict of Allahabad HC, its true that triple talaq is not constitutional and it must be abolished.”

The triple talaq refers to pronouncement of the wordtalaq' thrice in one go by Muslim men to divorce their wives.

Earlier this week, Islamic organisation Jamiat Ulema-i-Hind told the Supreme Court there is no scope for interference with the Muslim Personal Law in which triple talaq is deeply rooted. In the argument that it forwarded, the Jamiat stated that the Muslim Personal Law has an element of certainty and is not local or regional in operation.

“There is no scope for interference with the Muslim Personal Law, which is based on primarily the Holy Quran and the Sunnah of Prophet Muhammad, explained and applied by various scholars of great antiquity and authority after thorough research,” it said. “The protection of peculiarities in personal laws is necessary for securing freedom of religion and bringing uniformity by removing those peculiarities shall be enforcement of Uniform Civil Code by the judicial process, which shall be against the constitutional bar,” it said.

In November, the All India Muslim Personal Law Board (AIMPLB) decided to form a women's wing to discuss the issues of talaq, among several others. AIMPLB passed a resolution in favour of triple talaq. The resolution passed at the AIMPLB's three-day convention stated that the government was infringing into the personal laws of Muslims.

Comments

Mohammad.n
 - 
Saturday, 10 Dec 2016

I dont know what is coastaldigest editor doing when such useless and hatred comments are piblished online to be seen by the world. If you have prestige just maintain your ethics. Worst place to read news. Better i will switch to newspapers where i can read and close the paper instrad of spoiling my brain here.

Naren kotian
 - 
Thursday, 8 Dec 2016

Haha look at frustration among Muslim guys here ...looks like they are worried as their women will run to court to ask for compensation ...ishtu dina kabbaddi aadiddo adiddu ...convert agirorige banni 4 sigathe mele 72 bere kaadide antha aase huttisi convert maadko ta idru ...their worry is well known ...in coming days cashless transaction will increase and this community mainly dependent on cash based mechanism ..it has it hard and it will be having devastating affect ...matter irode illi ...tax kattade ...sikthu chance antha 3 -4 madwe agi kabbaddi aadtha idru ...adakku hodetha barjari agi biddide mundhe innu joragi bilatte ...if this law is enacted ...they cannot marry so easily ...modle avara community nalli gals sankhye jaasthi ...dowry bere ...moreover their women are getting educated day by day and they are coming in contact with non Muslims ...so ivara bhaya irodu ille....women bere dharmada yuvakara kade kade attract agi hogthare....complete Islam madakke kashta Agathe ...population na pump madodakke iro motor the inner circuit ye kottu hogarhe ...hahahaha ....ene aagli burnol and itch guard sales jaasthi agodralli sandeha ne illa ....one guy commenting about daliths here ..swamy ..neevu saabi ne ...Arab milk shake galu saabi ne. but Arab race ge priority jaasthi ..non Arabs second class yaake ...Arab boys ...

Adu bidi swamy ..if a Hindu gets converted to Islam. Yaava sub sect ge antha seriskoteera ? Simple question ...if that neo convert Hindu decides to marry ...henge babes na allot maadtheera .,even if he is highly educated and believe in Islam ..yaaru hennu kodalla first question barode hanafi sanafi salafi..kulfi..wahabi na antha able hadees antha na ..or deendaar antha na ..free from shirq and bidth idana antja ..jaathiyathe yella dharma dallu ide ...for us India first ...religion next ...

VIJAYA KUMAR
 - 
Thursday, 8 Dec 2016

@Pedo...you are spot on..

Rikaz
 - 
Thursday, 8 Dec 2016

Court took this step because they can make good business out of it....then every client will go to court to fight for divorce.....I am not saying that the system triple talak at one time is right...that is very bad....as per Islam that should be done on step by step basis at 3 occasions....not at one time pronouncing 3 talaqs.....

Rikaz
 - 
Thursday, 8 Dec 2016

Now its courts job to join Modi with his wife....

Kaizer
 - 
Thursday, 8 Dec 2016

If that is unconstitutional then why not daliths are as chief of temples , why only one category of Hindus are appointed as archaks.

Skazi
 - 
Thursday, 8 Dec 2016

@ Kannadiga.... can we hear from u what the Quran says about Talaq .....Thanks ....

Kannadiga
 - 
Thursday, 8 Dec 2016

As a human being we must respect HOLY QURAN and to its principle and policy. no one has a right to go against it or to tamper it's policy.
100% it is the book from the Creator / God not written by any human being.
Now about the INDIAN constitution , it is the fundamental right of every INDIAN citizen to respect and follow. But the opinion taker, judge is playing with the constitution is very unfortunate, before talking any thing against Quran and its contents he must think very deeply study thoroughly. Else the consequence will effect badly on whole country.

Judge is not superior than any such holy book.
Followers may plenty be with different mind set, which we cannot compare with holy book.
Jai Hind !

shaji
 - 
Thursday, 8 Dec 2016

This verdict is incorrect. Court can not favor hand count females and neglect 99.9 percent of Muslim women. these so called moderate muslim women are either married to non muslim men or gf of non muslims. They have no knowledge of islam and dont know abc of sharia. These modern name sake muslim women are not forced by any one to follow sharia and be Muslims. They are free to switch to another belief. However, they have no right to interfere in the shariat law which can never be changed. Modesty is priority in Islam. Do these women will also fight for nudity as in western countries. They are free to adopt western life and have free life living with anyone they wish. As they are not respecting Talaq issue as per shariat, they should not marry to muslim men. also, they should not wear quarter hijab. These so called moderate ladies are lured by sangh parivar and they feel shame to call themselves as muslims.

Ansari
 - 
Thursday, 8 Dec 2016

Triple TALAQ is not one shot go ....it has certain period to say 3 Talaq's and its better than other man made religious laws .

its GOD's law and he will protect through Men or group of men if tried to interfere ....

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News Network
May 6,2024

Mangaluru, May 6: A five-year-old girl from Arendur village of Siddapura taluk of Uttara Kannada district died of Kyasanur Forest Disease (monkey fever) recently.

As her health deteriorated, she was admitted to the KMC Hospital in Mangaluru, where she failed to respond to the treatment and died on Friday night.

It is learned that the KFD is slowly spreading to the newer areas of coastal and malnad areas of Karnataka

According to officials, KFD spreads due to bites of ticks that generally survive on monkeys. This tick bites humans which causes the infection. Humans also contract the disease by coming in contact with cattle bitten by ticks.

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News Network
May 6,2024

prajwalfamily.jpg

Several women, believed to be victims of Prajwal Revanna, have left their homes in Karnataka's Hassan district over the last ten days, according to media reports.

These departures reportedly come amid fear and stigma after their identities became public due to the circulating video clips showing the women who were allegedly sexually assaulted by Prajwal Revanna.

"The entire district is in H D Revanna’s control. You speak ill about them and chances are high that it will reach them, because the family and the party have a large following," a shopkeeper in Hagare - 20 km from Hassan – was quoted as saying by the news paper. 

Hassan is the bastion of the JD(S) supremo Deve Gowda, and Prajwal, his grandson, is the sitting MP.

The family of the woman whose complaint was the basis of the first FIR against Prajwal has now left their home, the publication reported, citing a neighbour who said, "The woman worked at Revanna’s house as a house help. Some of her videos started to circulate and then, her house was seen locked. We don’t know when she left."

Notably, a former Zilla Panchayat member has also filed a rape case against Prajwal, and in that village many women who worked for the party formerly are now incommunicado, a JD(S) leader told the publication. "We noticed many of the party women deleting their photos with Prajwal on social media. In some instances, men are questioning their wives about their association with the MP. It is shattering the lives of many women in the district," he said.

The local leader added that the former Zilla Panchayat member was there on April 24, but no one had seen the family since the videos came out.

The case is currently being probed by an SIT team and when they reached the Revanna residence, party workers were reportedly heard talking about the women. "I know this woman, she lived close to our residence and was very active in JD(S) activities. Her house is locked… she has small children," one said, as per IE.

Another shopkeeper added, "It was really wrong to reveal the faces of the women. I know some of them, and they have gone into hiding. We don’t know whether they can return."

He noted that it is impossible to survive in Hassan while fighting a case against the Revanna family.

While Prajwal's father, H D Revanna is in SIT custody, a Blue Corner notice has been issued against the sitting MP.

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News Network
May 10,2024

devarajegowda.jpg

A day after National Commission for Women said no woman from Hassan approached the national body to file complaints against Karnataka MP Prajwal Revanna, a new FIR accusing BJP leader Devaraje Gowda of abusing and assaulting a woman has come to light.

The FIR against Gowda was filed by a woman at the Holenarasipura town police station on April 1, after her husband had filed a complaint against the BJP leader on March 30. 

The purported victim's husband has alleged in his plaint that Gowda barged into their home, and threatened the couple while the BJP leader also abused the woman.

Gowda, notably, flagged Prajwal Revanna's case to the saffron party.

Reacting to the allegations levelled against him, the BJP politico posted a video on Facebook where he details how he met the woman and her husband in his office. He also claims that the allegations against him are a plot and false.

It must be noted here that a Special Investigation Team is currently probing the sexual assault cases against Prajwal Revanna who along with his driver Karthik is no longer in the country. A Blue Corner notice is also in place to apprehend the son of H D Revanna who himself is placed under judicial custody till May 14.

In a major twist to the entire case— the woman in the FIR alleged that Devaraje Gowda who apprised BJP of the sex videos involving Prajwal Revanna— has been harassing her for the past 10 months under the guise of helping her sell a property.

The woman also said that she came in contact with Gowda during the process involving the property that she wanted to sell. However, on the pretext of guiding her, the woman alleged that the whistleblower BJP leader physically assaulted and harassed her while Gowda also threatened the couple.

The woman has now sought police protection for herself and family. Further levelling allegations against Gowda in her plaint, she said that the politico had taken her to an isolated place where he assaulted her and threatened to kill the couple.

Former chief minister of Karnataka and Prajwal Revanna's uncle H D Kumaraswamy recently demanded a CBI probe in the Prajwal Revanna matter. However, Home Minister G Parameshwara turned down the demand for the investigation to be handed over to CBI.

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